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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment of the offense of failing to secure a |
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child in a child passenger safety seat system and to procedures for |
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dismissal of charges for that offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 545.412(b), Transportation Code, is |
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amended to read as follows: |
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(b) An offense under this section is a misdemeanor |
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punishable by a fine of not more than [$25 for the first offense and
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not more than] $250 [for a second or subsequent offense]. |
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SECTION 2. The heading to Section 545.4121, Transportation |
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Code, is amended to read as follows: |
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Sec. 545.4121. DISMISSAL [DEFENSE]; OBTAINING [POSSESSION
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OF] CHILD PASSENGER SAFETY SEAT SYSTEM. |
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SECTION 3. Section 545.4121(b), Transportation Code, is |
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amended to read as follows: |
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(b) It is a defense to prosecution of an offense to which |
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this section applies that the defendant provides to the court |
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evidence satisfactory to the court that: |
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(1) at the time of the offense: |
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(A) the defendant was not arrested or issued a |
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citation for violation of any other offense; |
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(B) the defendant did not possess a child |
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passenger safety seat system in the vehicle; and |
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(C) the vehicle the defendant was operating was |
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not involved in an accident; and |
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(2) subsequent to the time of the offense, the |
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defendant obtained [the defendant possesses] an appropriate child |
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passenger safety seat system for each child required to be secured |
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in a child passenger safety seat system under Section 545.412(a). |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |